Archived
I am trying to avoid judicial estoppel in my main litigation case after file Ch 7 and the defendant is under Ch 11 themselves.
Brett's answer
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Answered on June 25, 2014
If the claim was not scheduled in your 2005 bankruptcy, you do not own it--the Chapter 7 Trustee does.
This is a complex issue and very fact and...
Archived
Filing Bankruptcy Separately Instead of Jointly ..Can Both us File Chapter 7 In the Same Year and get all Exceptions...
Brett's answer
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Answered on June 25, 2014
You get the same exemptions in a joint filing as in two individual filings.
As far as the homestead exemption is concerned, while state law...
Selected as the best answer
Archived
If a judgment is granted by Circuit court in Maryland, should collection action be initiated in Circuit or District court?
Brett's answer
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Answered on June 25, 2014
As noted, you would file the garnishment/attachment documents in your Circuit Court case.
Archived
Maryland Homestead exemption Is 22,975 and it can not be doubled filing jointly ..so I want to know If me and my wife filed..
Brett's answer
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Answered on June 24, 2014
I agree completely with my law partner's excellent answer!
Archived
Can Bankruptcy Trustees wait until home value goes up and then take your home in an chapter 7 ?
Brett's answer
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Answered on June 24, 2014
If your case has not been closed and an asset notice has gone out to your creditors, yes the Trustee can. The way to prevent this is to have your...
Archived
Can a credit card company who won a judgement in court against me take money from my checking account that's with my wife ?
Brett's answer
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Answered on June 12, 2014
I agree with the other attorneys' excellent answers.
Archived
Can we get out from under the deficiency from a foreclosure without filing bankruptcy?
Brett's answer
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Answered on June 12, 2014
Bankruptcy is likely the best, cheapest, and easiest way to make this go away.
Archived
Does having an asset protection trust protect someone from paying on a civil judgement?
Brett's answer
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Answered on June 12, 2014
The answer depends on the details--when the trust was set up, how it was set up, what the specific trust language says, etc.
Archived
I want to file ch 13 to get my repo'ed car back& do a "cram down". Will that negatively affect my husband's INS/legalization?
Brett's answer
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Answered on June 12, 2014
The short answer is that your individual Chapter 13 filing should have no impact on your husband's immigration status.
Archived
Debit
Brett's answer
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Answered on June 12, 2014
There is no requirement that a creditor agreement to a payment plan that you believe you can afford, or even any payment plan at all.
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